Education of Students with Disabilities. A. The School recognizes and agrees that it is solely and exclusively responsible for providing services and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for special education and related services under the IDEA, and that nothing in this Contract shall be construed to require the District to provide services or accommodations to such students. B. School shall provide special education services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) whose special education placement as identified in the IEP is “moderate needs” or comparable. C. If the student’s placement as identified in the IEP under review is a “center-based” program or a separate school, the student’s attendance at the School is contingent upon the determination by the multidisciplinary IEP team that the student can receive a free appropriate public education in the least restrictive environment at the School. D. Special education services at the School shall be commensurate with those provided at other District schools. If the School hires its own special education teacher(s) they will be subject to a review of licensing by District personnel. E. The cost for special education services provided by the District pursuant to this Section is described in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basis. In addition to these costs, the School shall be responsible for providing and paying the cost of defense for any and all charges, complaints or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings and the District shall be available for assistance and consultation. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation services. F. The School agrees to comply with all Board policies and regulations and the requirements of federal and state laws and regulations concerning the education of children with disabilities, and shall provide for the attendance of any School employees who should be present at any meetings at which IEPs are developed or modified. If the School and the District disagree as to the correct interpretation or application of a statute or regulation concerning the education of students with disabilities, the District's position shall control. G. The School shall use District special education forms and procedures and shall document compliance with the requirements of federal and state law, including procedural due process. The District shall respect the School's curriculum, instructional program, and mission in the development of IEPs for students enrolled in the School. H. The School's special education teachers may participate in monthly staff meetings sponsored by the District and newly hired special education teachers shall attend District orientation sessions during the fall semester following their employment. I. The District or the School may identify from time to time changes to the educational program of the School that (a) are reasonably necessary to comply with applicable law for educating students with disabilities, or (b) provide cost savings or other benefits in connection with educating students with disabilities. After good faith discussion of these changes with the School, the District shall have the right to require such changes necessary to comply with law, and shall have the right to request other changes on behalf of students with disabilities. J. Special education programs and services shall be available to each student as part of the regular school day in accordance with the least restrictive environment mandate of federal and state law.
Appears in 2 contracts
Education of Students with Disabilities. A. The School recognizes and agrees that it is solely and exclusively responsible for providing services and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for shall provide all special education and related services under the IDEA, and that nothing in this Contract shall be construed to require the District to provide services or accommodations to such students.
B. School shall provide special education support services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) whose special education placement as identified in the IEP is “moderate needs” or comparable.
C. If the student’s placement as identified in the IEP under review is a “center-based” program or a separate school, the student’s attendance at the School is contingent upon the determination by the multidisciplinary IEP team that the student can receive a free appropriate public education in the least restrictive environment at the School.
D. . The School reserves the right to hire its own special education teacher(s) in the same manner of qualification as all other teachers at the School. The School shall assign other special education support staff as necessary to meet student needs. Special education services at the School shall be commensurate with those provided at other District schools. If tailored to specifically fit within the GOAL educational model and the School hires its own shall assign such other special education teacher(s) they will be subject support staff and resources as the School determines is necessary to a review of licensing by District personnelmeet student needs.
E. The B. Due to the School's independent provision of special education services, no funds shall be withheld by the District from the School based on the actual cost for of providing special education services provided by to all students in the District pursuant or to this Section is described in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basis. In addition to these costs, the School shall be responsible for providing and paying the cost of defense or for any and all charges, complaints or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings and the District shall be available for assistance and consultation. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation servicesother reason.
F. C. The School agrees to comply with all Board the School's policies and regulations and (as the same shall be provided to the District upon request by the District) as well as the requirements of federal and state laws and regulations concerning the education of children with disabilities, and shall provide for the attendance of any School employees who should be present at any meetings at which IEPs are developed or modified. If the School and the District disagree as to the correct corJect interpretation or application of a statute or regulation concerning the education of students with disabilities, the DistrictSchool's position shall control.
G. D. The School shall direct the development and/or modification of any IEP for special education students of the School. The School shall use District the School's special education forms and procedures and shall document compliance with the requirements of federal and state law, including procedural due process. The District shall respect the School's curriculum, instructional program, and mission in the development of IEPs for students enrolled in the School.
H. E. The School's special education teachers are not required to, but shall be provided notice of and may elect to participate in monthly staff meetings sponsored by the District District, as appropriate and newly hired special education teachers shall attend District orientation sessions during directed by the fall semester following their employmentSchool.
I. F. The District or the School may identify from time to time changes to the educational program of the School that (a) are reasonably necessary to comply with applicable law for educating students with disabilities, or (b) provide cost savings or other benefits in connection with educating students with disabilitiesdisabilities (subparagraphs (a) and (b) being collectively referred to as "SPED Policies"). After good faith discussion disclosure of these changes with the SchoolDistrict, the District School shall have the right to require such make changes to the SPED Policies as necessary to comply with lawlaw or for any other legitimate purpose. The District may request additional changes to the School's SPED Policies, and which the School shall have the right in good faith consider, but not be required to request other changes on behalf of students with disabilitiesadopt.
J. G. Special education programs and services shall be available to each student as part of the regular school day in accordance with the least restrictive environment mandate of federal and state law.
Appears in 1 contract
Samples: Charter School Contract
Education of Students with Disabilities. A. The School recognizes and agrees that it is solely and exclusively responsible for providing services and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for special education and related services under the IDEA, and that nothing in this Contract shall be construed to require the District to provide services or accommodations to such students.
B. School shall provide special education services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) whose special education placement as identified in the IEP is “moderate needs” or comparable. The School shall be responsible for hiring special education teachers, special service providers, and support staff in accordance with applicable federal and state law and District staffing ratios.
C. If the student’s placement as identified in the IEP under review is The District shall provide a “center-based” program or a separate school, the student’s attendance at the School is contingent upon the determination by the multidisciplinary IEP team that the student can receive a free appropriate public menu of special education in the least restrictive environment at support services to the School.
D. Special education services at , allowing the School shall be commensurate school to choose the best option to meet the needs of its students with those provided at other District schoolsdisabilities. If the School hires its own special education teacher(s) they will be subject to a review of licensing by District personnel. Therefore, special education services at the School shall be commensurate with those provided at other District schools.
E. D. The cost for special education services provided by the District pursuant to this Section is described in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basis. In addition to these costs, the School shall be responsible for providing and paying the cost of defense for any and all charges, complaints or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings and the District shall be available for assistance and consultation. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation services.
F. E. The School agrees to comply with all Board policies and regulations and the requirements of federal and state laws and regulations concerning the education of children with disabilities, and shall provide for the attendance of any School employees who should be present at any meetings at which IEPs are developed or modified. If the School and the District disagree as to the correct interpretation or application of a statute or regulation concerning the education of students with disabilities, the District's position shall control.
G. F. The School shall use District special education forms and procedures and shall document compliance with the requirements of federal and state law, including procedural due process. The District shall respect the School's curriculum, instructional program, and mission in the development of IEPs for students enrolled in the School.
H. G. The School's special education teachers may participate in monthly staff meetings sponsored by the District and newly hired special education teachers shall attend District orientation sessions during the fall semester following their employment and be supported by a mentor selected by the District throughout the first year of employment.
I. H. The District or the School may identify from time to time changes to the educational program of the School that (a) are reasonably necessary to comply with applicable law for educating students with disabilities, or (b) provide cost savings or other benefits in connection with educating students with disabilities. After good faith discussion of these changes with the School, the District shall have the right to require such changes necessary to comply with law, and shall have the right to request other changes on behalf of students with disabilities.
J. I. Special education programs and services shall be available to each student as part of the regular school day in accordance with the least restrictive environment mandate of federal and state law.
Appears in 1 contract
Samples: Charter School Contract
Education of Students with Disabilities. A. The School recognizes and agrees that it is solely and exclusively responsible for providing services and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for special education and related services under the IDEA, and that nothing in this Contract shall be construed to require the District to provide services or accommodations to such students.
B. School shall provide special education services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) whose special education placement as identified in the IEP is “moderate needs” or comparable.
C. If the student’s placement as identified in the IEP under review is a “center-based” program or a separate school, the student’s attendance at the School is contingent upon the determination by the multidisciplinary IEP team that the student can receive a free appropriate public education in the least restrictive environment at the School.
D. Special education services at the School shall be commensurate with those provided at other District schools. If the School hires its own special education teacher(s) they i. CLA will be subject to a review of licensing by District personnel.
E. The cost for special education services provided by the District pursuant to this Section is described in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basis. In addition to these costs, the School shall be responsible for providing and paying the cost of defense for any and all charges, complaints or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings and the District shall be available for assistance and consultation. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation services.
F. The School agrees to comply with all Board District policies and regulations and the requirements of federal and state laws and regulations law concerning the education of children with disabilitiesdisabilities under the Individuals with Disabilities Education Act ("IDEA"). Compliance by CLA includes, but is not limited to, the following:
1. CLA will comply with all District policies regarding discipline of special education students.
2. The IEP (Individual Education Program) team is determined by state and shall provide federal law. CLA IEP teams must have a District representative, or designee, in attendance, as well as appropriate teaching staff.
3. The student's IEP team will determine the appropriate educational program and placement for the attendance CLA student. CLA shall abide by the IEP team's decision on program and placement.
4. CLA employees will comply with training required by an IEP team for delivery of any School employees who should services to a CLA student.
5. The funds from the Oregon Department of Education representing the ADMw for special education for CLA special education students shall be present at any meetings at which IEPs are developed or modified. If the School and the District disagree as to the correct interpretation or application of a statute or regulation concerning the education of students with disabilities, retained by the District's position shall control.
G. The School shall use District special education forms and procedures and shall document compliance with the requirements of federal and state law, including procedural due process6. The District has the discretion to determine which specialized programs will be offered on-site at the CLA site. The District is responsible for the provision of special education and related services to any CLA student being served pursuant to an IEP. CLA is responsible for implementing the supplementary aids and services on a student’s IEP that constitute accommodations or modifications made to the general education classroom. Any cost related to the implementation of supplementary aids and services (e.g., materials, equipment, staffing) shall respect be borne by the School's curriculum, instructional program, and mission in the development of IEPs for students enrolled in the SchoolDistrict.
H. The School's special education teachers may participate in monthly staff meetings sponsored by the District and newly hired special education teachers shall attend District orientation sessions during the fall semester following their employment.
I. The District or the School may identify from time 7. For a non-resident CLA student eligible under IDEA, pursuant to time changes to the educational program of the School that (a) are reasonably necessary to comply with applicable law for educating students with disabilities, or (b) provide cost savings or other benefits in connection with educating students with disabilities. After good faith discussion of these changes with the SchoolORS Chapter 338, the District shall have be considered the right resident district for all legal, financial and other purposes, unless and until the non-resident student’s IEP team determines that the IEP cannot be implemented at CLA and selects another placement.
8. CLA shall not change the student's program without IEP team action.
9. Special education transportation will only be provided to require such changes necessary to comply with lawa CLA special education student if it is a related service on a CLA student's IEP, and if the IEP team has determined that the student’s special education needs can be met in conjunction with CLA’s educational program.
10. CLA shall have provide substitutes for CLA staff who are required to attend IEP meetings or other meetings related to a CLA special education student during the right to request other changes on behalf of instructional day at CLA’s expense.
11. CLA will notify the student's resident district if a new student may need special education services.
12. CLA will cooperate with District procedures regarding child find, data collection, and general education interventions which include the RTI process for identifying students with disabilitiesbehavioral, emotional or academic needs.
J. Special education programs 13. All instructional /curriculum materials purchased must have a component for students with visual impairments.
14. CLA must provide appropriate space for SPED (special education) service and services shall be available to each student as part of the regular school day in accordance with the least restrictive environment mandate of federal and state lawSPED service providers.
Appears in 1 contract
Samples: Charter School Contract
Education of Students with Disabilities. A. The School recognizes and agrees that it is solely and exclusively responsible for providing services and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for special education and related services under the IDEA, and that nothing in this Contract shall be construed to require the District to provide services or accommodations to such students.
B. School shall provide special education services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) whose special education placement as identified in the IEP is “moderate needs” or comparable.
C. If the student’s placement as identified in the IEP under review is a “center-based” program or a separate school, the student’s attendance at the School is contingent upon the determination by the multidisciplinary IEP team that the student can receive a free appropriate public education in the least restrictive environment at the School.
D. Special education services at the School shall be commensurate with those provided at other District schools. If the School hires its own special education teacher(s) they will be subject to a review of licensing by District personnel.
E. The cost for special education services provided by the District pursuant to this Section is described in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basis. In addition to these costs, the School shall be responsible for providing and paying the cost of defense for any and all charges, complaints or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings and the District shall be available for assistance and consultation. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation services.
F. The School agrees to comply with all Board Board-approved policies and regulations and the requirements of federal and state laws and regulations law concerning the education of children with disabilities by providing special education and related services. At its option Eagle Ridge Academy may purchase related services per the Purchased Services Contract (see attached). Notification of ERA’s desire to purchase such services shall be communicated to the Director of Student Services no later than April 15th of each year. Following enrollment of a School District resident student, the School and the School District shall determine whether the student has been identified as a child with disabilities. If so, the parties shall obtain a copy of the student's individualized education program ("IEP"). A properly constituted IEP team shall be convened to determine whether the School is the least restrictive environment for the student, and if so, what services are necessary to allow progress on IEP goals as well as access to the ERA curriculum with appropriate accommodations. ERA does not allow for the modification of its academic standards or curriculum to the extent that students require alternative standards or assessments. Where a student's special education need(s) can be met appropriately by the School’s certified staff, services will be provided on the School’s campus to the extent reasonably practical and as required by applicable law. Should the IEP team conclude that the School is not the least restrictive environment for the student with special needs, the School will inform the LEA (School District) of its decision. The District, as the local educational agency (LEA), is responsible for the School’s compliance with the requirements of state and federal special education law and regulations and may be required to establish that special education and related services are provided in the School in the same manner as they are provided in other schools in the District. Accordingly, the School shall provide the Director of Student Services (The Director) of the District by August 15 of each year, with all necessary or appropriate documentation concerning staff licensure with the Colorado Department of Education. The School shall promptly provide the Director with updated documentation during the course of the school year to the extent the School has made changes in its personnel. The Director may review and monitor the School’s referral processes, evaluations, reevaluations, eligibility determinations, placement decisions, and development and implementation of IEPs for students with disabilities at the attendance of any School employees who should be present at any meetings at School. The District’s Section 504 Coordinator may perform similar review and monitoring with regard to Section 504 compliance. In matters in which IEPs are developed or modified. If the School and the District disagree may have a disagreement as to the correct interpretation or application of a particular statute or regulation concerning the education of students with disabilities, the District's position District and the School will confer and share the advice of respective counsel in the matter as appropriate. If the disagreement persists, the disagreement shall control.
G. The School shall use District special education forms and procedures and shall document compliance be resolved in accordance with the requirements provisions of federal and state lawsubparagraph 12.9 below, including procedural due process. The District shall respect the School's curriculum, instructional program, and mission in the development of IEPs for students enrolled in the School.
H. The School's special education teachers may participate in monthly staff meetings sponsored by the District and newly hired special education teachers shall attend District orientation sessions provided that during the fall semester following their employment.
I. The District or pendency of the resolution of such dispute the School District may identify from time to time changes to the educational program of the School that (a) are require such steps be taken as it reasonably determines is necessary to comply with applicable law law.
5.6.1 If a student with disabilities who is not a resident of the School District applies for educating students with disabilities, or (b) provide cost savings or other benefits in connection with educating students with disabilities. After good faith discussion of these changes with admission to the School, enrollment acceptance is contingent upon an appropriate IEP team meeting being convened to determine if a free appropriate public education is available for the student at the School. The student will not be accepted as a student at the School if the IEP team finds that a free appropriate public education is not available for the student at the School. If the school accepts the student, but then determines that the student requires transportation as a related service, the School shall be solely responsible for arranging for the financing and provision of said services. If the non-resident student with disabilities is one for whom tuition may be charged or excess costs collected, the School District shall have the right is entitled to require such changes necessary to comply with law, and shall have the right to request other changes collect said monies on behalf of students with disabilitiesthe School.
J. Special education programs 5.6.2 The School shall remain solely responsible for the costs of providing those services required under an IEP and which are typically provided by regular classroom teachers through the normal classroom program, including without limitation, the cost of the classroom teacher, typical classroom supplies and services and supplies generally made available to all students. Special Education funding shall be available to each student received by the School as part of the regular school day in accordance with the least restrictive environment mandate of federal and state law.outlined in
Appears in 1 contract
Samples: Charter School Contract
Education of Students with Disabilities. A. The School recognizes and agrees that it is solely and exclusively responsible for providing services and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for special education and related services under the IDEA, and that nothing in this Contract shall be construed to require the District to provide services or accommodations to such students.
B. School shall provide special education support services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) whose special education placement as identified in the IEP is “moderate needs” or comparable.
C. If the student’s placement as identified in the IEP under review is a “center-based” program or a separate school, the student’s attendance at the School is contingent upon the determination by the multidisciplinary IEP team that the student can receive a free appropriate public education in the least restrictive environment at the School.
D. Special education services at , except that the School shall be commensurate with those provided at other District schools. If the School hires hire its own special education teacher(s) they will be and paraprofessional(s) subject to a review of licensing licensing, and with the approval of the District’s Executive Director of Exceptional Student Services, such approval shall only be withheld for cause. SCA and the District currently share responsibility for financial particulars for special needs students. For example, SCA pays 25% of the salary and benefits of District's Special Needs Director, a speech pathologist and an audiologist. The District pays the remainder of those salaries. The SCA payment is accomplished by the District personnelwithholding from PPR funds to which SCA is entitled the share of such expenses that SCA is obligated to pay. The current arrangement will continue under this new Contract unless and until modified by an agreement of the parties.
E. The cost for B. A description of the special education services to be provided by the District pursuant to this Section 6.10.A above is described provided in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basisAttachment 3. In addition to these costs, the School shall be responsible for providing and paying the cost Defense of defense for any and all charges, complaints complaints, or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings and the District shall be available for assistance and consultationthe responsibility of the School. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation services. The School shall not be required to make any alterations to its facilities or hire more staff in order to provide special education services, except for special education teacher(s) and supervisor and except as may be required by State or Federal law.
F. C. The School agrees to comply with all Board policies and regulations and the requirements of federal and state laws and regulations concerning the education of children with disabilities, and shall provide for the attendance of any School employees who should be present at any meetings at which IEPs are developed or modified. If the School and the District disagree as to the correct interpretation or application of a statute or regulation concerning the education of students with disabilities, the District's ’s position shall control.
G. D. The District and the School shall jointly direct the development and/or modification of any IEP for special education students of the School. The District’s Director of Exceptional Student Services, or designee, shall maintain the same administrative responsibilities and authority in the School as in all other District special education programs and services. The School shall use District special education forms and procedures and shall document compliance with the requirements of federal and state law, including procedural due process. The District shall respect the School's ’s curriculum, instructional program, and mission in the development of IEPs for students enrolled in the School.
H. The School's special education teachers may participate in monthly staff meetings sponsored by the District and newly hired special education teachers shall attend District orientation sessions during the fall semester following their employment.
I. E. The District or the School may identify from time to time changes to the educational program of the School that (a) are reasonably necessary to comply with applicable law for educating students with disabilities, or (b) provide cost savings or other benefits in connection with educating students with disabilities. After good faith discussion of these changes with the School, the District shall have the right to require such changes necessary to comply with law, and shall have the right to request other changes on behalf of students with disabilities.
J. F. Special education programs and services shall be available to each student as part of the regular school day in accordance with the least restrictive environment mandate of federal and state law. The District and School agree that some students may be better served at another District School.
Appears in 1 contract
Samples: Charter School Contract
Education of Students with Disabilities. A. The School recognizes shall implement a plan for meeting the needs of students with disabilities in accordance with state and agrees that it federal laws and regulations, Institute policy and procedures, and as approved by the Institute. Any material changes to the plan for serving students with disabilities may be made only with the approval of the Institute and the School Board. The school is solely and exclusively responsible for providing services implementing, providing, and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for special education subsiding those specialized instructional and related services under required pursuant to student Individualized Education Plans (IEPs), as well as the IDEAservices, and that nothing in this Contract shall be construed to require the District to provide services modifications, or accommodations to such students.
B. required by a student’s Section 504 Plan .The School shall provide all special education support services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) whose special education placement as identified in the IEP is “moderate needs” or comparable.
C. If the student’s placement as identified in the IEP under review is a “center-based” program or a separate school, the student’s attendance at the School is contingent upon in accordance with state and federal laws and regulations and Institute policy, and in accordance with the determination plan for meeting the needs of students with disabilities as approved by the multidisciplinary IEP team that Institute. Any material changes to the student can receive a free appropriate public education in plan for serving students with disabilities may be made only with the least restrictive environment at advance approval of the School.
D. Special education services at Institute and the School Board. The School shall contract with a qualified Special Education Coordinator and assign special education support staff as necessary to meet student needs, which staff shall be commensurate licensed in accordance with those provided at other District schoolsfederal requirements and Colorado law. If the School hires its own special education teacher(s) they will be subject to a review of licensing by District personnel.
E. The cost for special education services provided by the District pursuant to this Section is described in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basis. In addition to these costs, the School shall be responsible for providing and paying the cost of defense for of any and all charges, complaints or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings proceedings, or any other similar investigations, and the District shall be available for assistance entitled to manage the defense of and consultationsettlement of any such claims in cooperation with the Institute. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation services.
F. The School agrees to comply with indemnify and hold harmless the Institute from any and all Board policies liability, claims, and regulations and the requirements of federal and state laws and regulations concerning demands arising from or relating to the education of children students with disabilities, except where such obligation results directly from the Institute failed to fulfill its own, independent and non-derivative duties under state and federal special education laws and regulations. Pursuant to C.R.S. 22-30.5-503(3) and 00-00-000, the Institute serves as the Local Educational Agency (“LEA”) with oversight authority for delivering special education services to the School. The School will take direction from and work collaboratively with the Institute with regard to the provision of special education services, evaluations and concerns, and shall provide for the attendance of any School employees who should be present at any meetings at which IEPs are developed or modified. If the School and the District Institute disagree as to the correct interpretation or application of a statute or regulation concerning the education of students with disabilities, the District's Institute’s position shall control.
G. . The Institute reserves the right to jointly direct with the School the development and/or modification of any IEP for special education students of the School. The Institute’s Director of Exceptional Student Services, or designee, shall maintain the same oversight responsibilities and authority as in all other Institute Schools. The School shall use District Institute-approved special education forms and procedures and shall document compliance with the requirements of federal and state lawlaws and regulations, including procedural due process. The District shall respect the School's curriculum, instructional program, and mission in the development of IEPs for students enrolled in the School.
H. The School's special education teachers may participate in monthly staff meetings sponsored by the District and newly hired special education teachers shall attend District orientation sessions during the fall semester following their employment.
I. The District Institute or the School may identify from time to time changes to the educational program of the School that (a) are reasonably necessary to comply with applicable law for educating students with disabilities, or (b) provide cost savings or other benefits in connection with educating students with disabilities. After good faith discussion of these changes with the School, the District Institute shall have the right to require such changes necessary to comply with law, and shall have the right to request other changes on behalf of students with disabilities.
J. Special . The School’s special education programs teachers and services all related service providers are required to participate in compliance-oriented training and meetings sponsored by the Institute, and newly hired special education teachers shall be available to each student as part of the regular school day participate in a state-approved induction program. In accordance with the least restrictive environment mandate CSI online compliance calendar (or its replacement), the School must report to the Institute its anticipated budgetary allocation and hiring plan for all special education teachers and related service providers who will be employed for the following year. No later than the first day of the opening of school, all special education teachers and related providers must be hired, appropriately qualified, and available to serve the identified needs of the students. On an ongoing basis, the Institute will assess the performance of the School with regard to special education. If—in the Institute’s sole discretion—the Institute finds the School’s performance with regard to special education to be deficient pursuant to state and federal law, the Institute may take remedial steps. Such steps may include, but will not be limited to, increasing the Institute’s level of oversight of the School. Should the Institute determine that any remedial steps are necessary, the Institute will oversee implementation of these steps. In the instance where the Institute takes on responsibility for tasks that would otherwise be carried out by the School due to noncompliance, the Institute may retain commensurate funds. Such circumstances are expected to be highly unusual. A written agreement specifying the services to be provided and state lawtheir cost shall be executed, which agreement shall constitute an amendment to the Charter Contract, at the time of any such unusual intervention.
Appears in 1 contract
Samples: Charter School Renewal Agreement
Education of Students with Disabilities. A. The School recognizes and agrees that it is solely and exclusively responsible for providing services and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for special education and related services under the IDEA, and that nothing in this Contract PBCCS shall be construed to require the District to provide services or accommodations to such students.
B. School shall provide special education services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) whose special education placement as identified in the IEP is “moderate needs” or comparable.
C. If the student’s placement as identified in the IEP under review is a “center-based” program or a separate school, the student’s attendance at the School is contingent upon the determination by the multidisciplinary IEP team that the student can receive a free appropriate public education in the least restrictive environment at the School.
D. Special education services at the School shall be commensurate with those provided at other District schools. If the School hires its own special education teacher(s) they will be subject to a review of licensing by District personnel.
E. The cost for special education services provided by the District pursuant to this Section is described in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basis. In addition to these costs, the School shall be responsible for providing and paying the cost of defense for any and all charges, complaints or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings and the District shall be available for assistance and consultation. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation services.
F. The School agrees to comply with all Board District policies and regulations and the requirements of federal and state laws and regulations law concerning the education of children under the Individuals with disabilitiesDisabilities Education Act (IDEA). Compliance by PBCCS includes, but is not limited to, the following:
(i) PBCCS shall comply with all District policies regarding discipline of special education students.
(ii) The Individual Education Plan and shall provide Program (IEP) team are determined by federal law.
(iii) The student’s IEP team will determine the appropriate educational program and placement for the attendance student. PBCCS shall abide by the IEP team’s decision on program and placement. The parent/guardian shall be informed that there is a process to have their child removed from IDEA qualification.
(iv) PBCCS staff shall comply with training required by an IEP team for the delivery of services to a PBCCS special education student. The District will provide a licensed special education teacher to monitor the implementation of IEP services, write IEP’s and communicate with parents for District resident students. The District may assess a fee to PBCCS for assisting and/or providing special education services for non-District students attending PBCCS.
(v) For determining funding for special education students in PBCCS the “Resident School District” shall be the school district in which the student’s parent or guardian or person in parental relationship to the student resides. The Resident School District shall be responsible for providing any required special education and related services to the student. Amounts from the State School employees Fund for those students shall be distributed through the Resident School District as follows: an additional amount shall be added to the ADM of the PBCCS as described in ORS 327.013(7)(a)(A). The payment per ADMw in the PBCCS that is attributable to the student who should is eligible for special education and related services shall equal an amount that is 47.5% of the school district’s General Purpose Grant per ADMw as calculated under ORS 237.013 but shall not be present at any meetings at which IEPs are developed or modifiedgreater than the District’s proportional share of ADMw for IEP students capped. If the Resident School District is not the District, the Resident School District for each ADMw that is attributable to a student enrolled for special education and related services shall transfer 50% of the ADMw as calculated under ORS 327.013 to the District who is the PBCCS sponsor.
(vi) The District and PBCCS, by mutual agreement, has the discretion to determine which specialized programs will be offered at the PBCCS site.
(vii) For a nonresident PBCCS student eligible under IDEA, PBCCS and the District disagree as shall enter into a written agreement with the resident district for the provision of special education services to the correct interpretation or application of a statute or regulation concerning the education of students with disabilities, the District's position shall control.
G. The School shall use District special education forms and procedures and shall document compliance with the requirements of federal and state law, including procedural due processstudent. The District shall respect is in no way responsible for these services or the School's curriculum, instructional program, costs thereof and mission in may elect to not provide services to the development of IEPs for students enrolled in the Schoolnon-resident PBCCS student.
H. (viii) The School's special education teachers student’s IEP team may participate recommend any appropriate placement for the student based on the student’s qualified needs, whether in monthly staff meetings sponsored by or out of PBCCS. PBCCS shall not change the District and newly hired special education teachers shall attend District orientation sessions during the fall semester following their employmentstudent’s placement or IEP without IEP team action.
I. The District or the School may identify from time to time changes to the educational program of the School that (aix) are reasonably necessary to comply with applicable law for educating students with disabilities, or (b) provide cost savings or other benefits in connection with educating students with disabilities. After good faith discussion of these changes with the SchoolIf it is required as a related service on a PBCCS student’s IEP, the District will provide transportation to PBCCS. If the District is not the Resident School District, PBCCS will negotiate with the District for transportation.
(x) If, after a student is enrolled and attending PBCCS, the staff of PBCCS suspects a student may be eligible for special education and/or related services under IDEA, PBCCS shall have the right to require such changes necessary to comply with law, District practices and shall have policies for referral of the right to request other changes on behalf of students with disabilitiesstudent for evaluation.
J. Special education programs and services shall be available (xi) PBCCS will ensure that all individuals applying for admission to each student as part of the regular school day in accordance with the least restrictive environment mandate of PBCCS receive equal opportunity for admission without regard to whether individuals are considered disabled under any applicable state or federal and state law.
Appears in 1 contract
Samples: Charter School Contract
Education of Students with Disabilities. A. The School recognizes and agrees that it is solely and exclusively responsible for providing services and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for shall provide all special education and related services under the IDEA, and that nothing in this Contract shall be construed to require the District to provide services or accommodations to such students.
B. School shall provide special education support services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) whose special education placement as identified in the IEP is “moderate needs” or comparable.
C. If the student’s placement as identified in the IEP under review is a “center-based” program or a separate school, the student’s attendance at the School is contingent upon in coordination with San Xxxx XXXXX, except that the determination School reserves the right to hire its own special education teacher(s) or contract with special education service providers subject to review of licensing, background check, and fingerprinting by the multidisciplinary IEP team District and/or BOCES. The School shall staff its special education personnel applying the same staffing formula used within other District schools, and shall ensure that the student can receive a free appropriate public education in the least restrictive environment at the School.
D. Special special education services at the School shall be commensurate with those provided at other District schools. If the The School hires its own shall assign other special education teacher(s) they will be subject support staff as necessary to a review of licensing by District personnelmeet student needs.
E. The cost for special education services provided by the District pursuant to this Section is described in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basis. In addition to these costs, the School shall be responsible for providing and paying the cost of defense for any and all charges, complaints or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings and the District shall be available for assistance and consultation. B. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation servicesservices unless transportation is listed as a related service in the student’s IEP. Should transportation be required for a student with disabilities, it shall be the responsibility of the District. Should the District provide transportation services for students with disabilities, the School shall reimburse the District for the costs of such transportation, in accordance with section 4.3 above.
F. C. The School agrees to comply with all Board policies (unless waived) and regulations and the requirements of federal and state laws and regulations concerning the education of children with disabilities, and shall provide for the attendance of any School employees who should be present at any meetings at which IEPs are developed or modified. If the School and the District San Xxxx BOCES disagree as to the correct interpretation or application of a statute or regulation concerning the education of students with disabilities, the District's San Xxxx BOCES’s position shall control.
G. D. The School shall follow the directives of the San Xxxx BOCES as to the development and/or modification of any IEP for special education students of the School. The San Xxxx BOCES Director of Special Education or designee shall maintain the same administrative responsibilities and authority in the School as in all other District special education programs and services. The School shall use District San Xxxx BOCES special education forms and procedures and shall document compliance with the requirements of federal and state law, including procedural due process. The District shall respect the School's curriculum, instructional program, and mission in the development of IEPs for students enrolled in the School.
H. E. The School's ’s special education teachers may are required to participate in monthly any staff meetings and in-service trainings sponsored by the San Xxxx BOCES to the same extent that District special education teachers participate in such meetings, and newly hired special education teachers shall attend District San Xxxx BOCES orientation sessions during the fall semester following their employmentemployment if and to the extent available.
I. F. The District School or the School representatives from San Xxxx BOCES may identify from time to time changes to the educational program of the School that (a) are reasonably necessary to comply with applicable law for educating students with disabilities, or (b) provide cost savings or other benefits in connection with educating students with disabilities. After good faith discussion of these changes with the School, the District San Xxxx BOCES shall have the right to require such changes necessary to comply with law, and shall have the right to request other changes on behalf of students with disabilities.
J. G. Should the School identify compliance issues regarding Section 504 Plans or compliance with Section 504 generally, it shall notify the District, and the District shall have the right to require any changes necessary to comply with the law. The District shall retain ultimate decision-making authority regarding compliance with Section 504.
H. Special education programs and services shall be available to each student as part of the regular school day in accordance with the least restrictive environment mandate of federal and state law.
I. Any special education services that are provided through the San Xxxx BOCES shall be provided directly by representatives of the San Xxxx BOCES and not employees of the District, but the School shall not have an independent contractual relationship with San Xxxx BOCES. Any special education services provided through the San Xxxx BOCES will be provided pursuant to the contractual relationship between the District and San Xxxx BOCES.
J. The School shall be responsible for the costs of employing special education teachers, paraprofessionals, and assistants. Additionally, the School shall annually contribute its proportionate share of funds for the San Xxxx BOCES based on the School’s share of District-wide per pupil total enrollment as of the annual pupil count date and such payment shall be made to the District on or before January 1 of each year. For the 2017- 18 school year, “proportionate share” shall mean the total amount billed by the San Xxxx BOCES to the District during the 2017-18 fiscal year for the San Xxxx BOCES services, divided by the total number of students enrolled in both the District and the School as of the 2017-18 school year October count, multiplied by the number of students enrolled in the School as of the 2017-18 school year October count. For the 2018-19 school year and each school year thereafter, “proportionate share” shall mean the total amount billed by the San Xxxx BOCES to the District during the then current fiscal year for the San Xxxx BOCES services, divided by the total number of students enrolled in both the District and the School as of the previous school year’s October count, multiplied by the number of students enrolled in the School as of the previous school year’s October count.
K. To the extent the School requires special education services that are not available to be provided directly by representatives of the San Xxxx BOCES, the School shall either hire its own special education service provider to provide such services or contract with a special education services provider for such services, and the School shall be responsible for the costs of such services.
L. Funding for special education services and the School’s program for providing special education services shall be subject to annual negotiation between the parties should either party request such negotiation by June 1 of each year.
Appears in 1 contract
Samples: Charter School Contract
Education of Students with Disabilities.
A. The School recognizes and agrees that it is solely and exclusively responsible for providing services and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for special education and related services under the IDEA, and that nothing in this Contract shall be construed to require the District to provide services or accommodations to such students.
B. School shall provide special education services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) whose special education placement as identified in the IEP is “moderate needs” or comparable. The School shall be responsible for hiring special education teachers, special service providers, and support staff in accordance with applicable federal and state law and District staffing ratios.
C. If the student’s placement as identified in the IEP under review is The District shall provide a “center-based” program or a separate school, the student’s attendance at the School is contingent upon the determination by the multidisciplinary IEP team that the student can receive a free appropriate public menu of special education in the least restrictive environment at support services to the School.
D. Special education services at , allowing the School shall be commensurate school to choose the best option to meet the needs of its students with those provided at other District schoolsdisabilities. If the School hires its own special education teacher(s) they will be subject to a review of licensing by District personnel. Therefore, special education services at the School shall be commensurate with those provided at other District schools.
E. D. The cost for special education services provided by the District pursuant to this Section is described in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basis. In addition to these costs, the School shall be responsible for providing and paying the cost of defense for any and all charges, complaints or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings and the District shall be available for assistance and consultation. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation services.
F. E. The School agrees to comply with all Board policies and regulations and the requirements of federal and state laws and regulations concerning the education of children with disabilities, and shall provide for the attendance of any School employees who should be present at any meetings at which IEPs are developed or modified. If the School and the District disagree as to the correct interpretation or application of a statute or regulation concerning the education of students with disabilities, the District's position shall control.
G. F. The School shall use District special education forms and procedures and shall document compliance with the requirements of federal and state law, including procedural due process. The District shall respect the School's curriculum, instructional program, and mission in the development of IEPs for students enrolled in the School.
H. G. The School's special education teachers may participate in monthly staff meetings sponsored by the District and newly hired special education teachers shall attend District orientation sessions during the fall semester following their employment and be supported by a mentor selected by the District throughout the first year of employment.
I. H. The District or the School may identify from time to time changes to the educational program of the School that (a) are reasonably necessary to comply with applicable law for educating students with disabilities, or (b) provide cost savings or other benefits in connection with educating students with disabilities. After good faith discussion of these changes with the School, the District shall have the right to require such changes necessary to comply with law, and shall have the right to request other changes on behalf of students with disabilities.
J. I. Special education programs and services shall be available to each student as part of the regular school day in accordance with the least restrictive environment mandate of federal and state law.
Appears in 1 contract
Samples: Charter School Contract
Education of Students with Disabilities.
A. The School recognizes and agrees that it is solely and exclusively responsible for providing services and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for special education and related services under the IDEA, and that nothing in this Contract shall be construed to require the District to provide services or accommodations to such students.
B. School shall provide special education services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) whose special education placement as identified in the IEP is “moderate needs” or comparable.
C. If the student’s placement as identified in the IEP under review is a “center-based” program or a separate school, the student’s attendance at the School is contingent upon the determination by the multidisciplinary IEP team that the student can receive a free appropriate public education in the least restrictive environment at the School.
D. Special education services at the School shall be commensurate with those provided at other District schools. If the School hires its own special education teacher(s) they will be subject to a review of licensing by District personnel.
E. The cost for special education services provided by the District pursuant to this Section is described in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basis. In addition to these costs, the School shall be responsible for providing and paying the cost of defense for any and all charges, complaints or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings and the District shall be available for assistance and consultation. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation services.
F. The School agrees to comply with all Board policies and regulations and the requirements of federal and state laws and regulations concerning the education of children with disabilities, and shall provide for the attendance of any School employees who should be present at any meetings at which IEPs are developed or modified. If the School and the District disagree as to the correct interpretation or application of a statute or regulation concerning the education of students with disabilities, the District's position shall control.
G. The School shall use District special education forms and procedures and shall document compliance with the requirements of federal and state law, including procedural due process. The District shall respect the School's curriculum, instructional program, and mission in the development of IEPs for students enrolled in the School.
H. The School's special education teachers may participate in monthly staff meetings sponsored by the District and newly hired special education teachers shall attend District orientation sessions during the fall semester following their employment.
I. The District or the School may identify from time to time changes to the educational program of the School that (a) are reasonably necessary to comply with applicable law for educating students with disabilities, or (b) provide cost savings or other benefits in connection with educating students with disabilities. After good faith discussion of these changes with the School, the District shall have the right to require such changes necessary to comply with law, and shall have the right to request other changes on behalf of students with disabilities.
J. Special education programs and services shall be available to each student as part of the regular school day in accordance with the least restrictive environment mandate of federal and state law.
Appears in 1 contract
Samples: Charter School Contract
Education of Students with Disabilities. A. The School recognizes and agrees that it is solely and exclusively responsible for providing services and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for shall provide all special education and related services under the IDEA, and that nothing in this Contract shall be construed to require the District to provide services or accommodations to such students.
B. School shall provide special education support services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) whose special education placement as identified in the IEP is “moderate needs” or comparable.
C. If the student’s placement as identified in the IEP under review is a “center-based” program or a separate school, the student’s attendance at the School is contingent upon the determination by the multidisciplinary IEP team that the student can receive a free appropriate public education in the least restrictive environment at the School.
D. . The School reserves the right to hire its own special education teacher(s) in the same manner of qualification as all other teachers at the School. The School shall assign other special education support staff as necessary to meet student needs. Special education services at the School shall be commensurate with those provided at other District schools. If tailored to specifically fit within the GOAL educational model and the School hires its own shall assign such other special education teacher(s) they will be subject support staff and resources as the School determines is necessary to a review of licensing by District personnelmeet student needs.
E. The B. Due to the School's independent provision of special education services, no funds shall be withheld by the District from the School based on the actual cost for of providing special education services provided by to all students in the District pursuant or to this Section is described in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basis. In addition to these costs, the School shall be responsible for providing and paying the cost of defense or for any and all charges, complaints or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings and the District shall be available for assistance and consultation. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation servicesother reason.
F. C. The School agrees to comply with all Board the School's policies and regulations and (as the same shall be provided to the District upon request by the District) as well as the requirements of federal and state laws and regulations concerning the education of children with disabilities, and shall provide for the attendance of any School employees who should be present at any meetings at which IEPs are developed or modified. If the School and the District disagree as to the correct interpretation or application of a statute or regulation concerning the education of students with disabilities, the District's School’s position shall control.
G. D. The School shall direct the development and/or modification of any IEP for special education students of the School. The School shall use District the School's special education forms and procedures and shall document compliance with the requirements of federal and state law, including procedural due process. The District shall respect the School's ’s curriculum, instructional program, and mission in the development of IEPs for students enrolled in the School.
H. E. The School's ’s special education teachers are not required to, but shall be provided notice of and may elect to participate in monthly staff meetings sponsored by the District District, as appropriate and newly hired special education teachers shall attend District orientation sessions during directed by the fall semester following their employmentSchool.
I. F. The District or the School may identify from time to time changes to the educational program of the School that (a) are reasonably necessary to comply with applicable law for educating students with disabilities, or (b) provide cost savings or other benefits in connection with educating students with disabilitiesdisabilities (subparagraphs (a) and (b) being collectively referred to as "SPED Policies"). After good faith discussion disclosure of these changes with the SchoolDistrict, the District School shall have the right to require such make changes to the SPED Policies as necessary to comply with lawlaw or for any other legitimate purpose. The District may request additional changes to the School's SPED Policies, and which the School shall have the right in good faith consider, but not be required to request other changes on behalf of students with disabilitiesadopt.
J. G. Special education programs and services shall be available to each student as part of the regular school day in accordance with the least restrictive environment mandate of federal and state law.
Appears in 1 contract
Samples: Charter School Contract
Education of Students with Disabilities. A. The School recognizes and agrees that it is solely and exclusively responsible for providing services and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for special education and related services under the IDEA, and that nothing in this Contract shall be construed to require the District to provide services or accommodations to such students.
B. The School shall provide special education services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) IDEA whose special education placement as identified in the IEP is “moderate needs” or comparable.
C. If the student’s placement as identified in the IEP under review is a “center-based” program or a separate school, the student’s attendance at the School is contingent upon the determination by the multidisciplinary IEP team that the student can receive a free appropriate public education in the least restrictive environment at the School.
D. Special education services at the School shall be commensurate with those provided at other District schools. If the School hires its own special education teacher(s) they will be subject to a review of licensing by District personnel.
E. The cost for special education services provided by the District pursuant to this Section is described in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basis. In addition to these costs, the School shall be responsible for providing and paying the cost of defense for any and all charges, complaints or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education CDE (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings and the District shall be available for assistance and consultation. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation services.
F. The School agrees to comply with all Board policies and regulations and the requirements of federal and state laws and regulations concerning the education of children with disabilities, and shall provide for the attendance of any School employees who should be present at any meetings at which IEPs are developed or modified. If the School and the District disagree as to the correct interpretation or application of a statute or regulation concerning the education of students with disabilities, the District's position shall control.
G. The School shall use District special education forms and procedures and shall document compliance with the requirements of federal and state law, including procedural due process. The District shall respect the School's curriculum, instructional program, and mission in the development of IEPs for students enrolled in the School.
H. The School's special education teachers may participate in monthly staff meetings sponsored by the District and newly hired special education teachers shall attend District orientation sessions during the fall semester following their employment.
I. The District or the School may identify from time to time changes to the educational program of the School that that
(a) are reasonably necessary to comply with applicable law for educating students with disabilities, or (b) provide cost savings or other benefits in connection with educating students with disabilities. After good faith discussion of these changes with the School, the District shall have the right to require such changes necessary to comply with law, and shall have the right to request other changes on behalf of students with disabilities.
J. Special education programs and services shall be available to each student as part of the regular school day in accordance with the least restrictive environment mandate of federal and state law.
Appears in 1 contract
Samples: Charter School Contract
Education of Students with Disabilities. A. The School recognizes shall implement a plan for meeting the needs of students with disabilities in accordance with state and agrees that it federal laws and regulations, Institute policy and procedures, and as approved by the Institute. Any material changes to the plan for serving students with disabilities may be made only with the approval of the Institute and the School Board. The school is solely and exclusively responsible for providing services implementing, providing, and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for special education subsidizing those specialized instructional and related services under required pursuant to student IEPs, as well as the IDEAservices, and that nothing in this Contract shall be construed to require the District to provide services modifications, or accommodations to such students.
B. required by a student’s Section 504 Plan. The School shall provide all special education support services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) whose special education placement as identified in the IEP is “moderate needs” or comparable.
C. If the student’s placement as identified in the IEP under review is a “center-based” program or a separate school, the student’s attendance at the School is contingent upon in accordance with state and federal laws and regulations and Institute policy, and in accordance with the determination plan for meeting the needs of students with disabilities as approved by the multidisciplinary IEP team that Institute. Any material changes to the student can receive a free appropriate public education in plan for serving students with disabilities may be made only with the least restrictive environment at advance approval of the School.
D. Special education services at Institute and the School Board. The School shall contract with a qualified Special Education Coordinator and assign special education support staff as necessary to meet student needs, which staff shall be commensurate licensed in accordance with those provided at other District schoolsfederal requirements and Colorado law. If the School hires its own special education teacher(s) they will be subject to a review of licensing by District personnel.
E. The cost for special education services provided by the District pursuant to this Section is described in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basis. In addition to these costs, the School shall be responsible for providing and paying the cost of defense for of any and all charges, complaints or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings proceedings, or any other similar investigations, and the District shall be available for assistance entitled to manage the defense of and consultationsettlement of any such claims in cooperation with the Institute. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation services.
F. The School agrees to comply with indemnify and hold harmless the Institute from any and all Board policies liability, claims, and regulations and the requirements of federal and state laws and regulations concerning demands arising from or relating to the education of children students with disabilities, except where such obligation results directly from the Institute failed to fulfill its own, independent and non-derivative duties under state and federal special education laws and regulations. Pursuant to C.R.S. 22-30.5-503(3) and 00-00-000, the Institute serves as the Local Educational Agency (“LEA”) with oversight authority for delivering special education services to the School. The School will take direction from and work collaboratively with the Institute with regard to the provision of special education services, evaluations and concerns, and shall provide for the attendance of any School employees who should be present at any meetings at which IEPs are developed or modified. If the School and the District Institute disagree as to the correct interpretation or application of a statute or regulation concerning the education of students with disabilities, the District's Institute’s position shall control.
G. . The Institute reserves the right to jointly direct with the School the development and/or modification of any IEP for special education students of the School. The Institute’s Director of Exceptional Student Services, or designee, shall maintain the same oversight responsibilities and authority as in all other Institute Schools. The School shall use District Institute-approved special education forms and procedures and shall document compliance with the requirements of federal and state lawlaws and regulations, including procedural due process. The District shall respect the School's curriculum, instructional program, and mission in the development of IEPs for students enrolled in the School.
H. The School's special education teachers may participate in monthly staff meetings sponsored by the District and newly hired special education teachers shall attend District orientation sessions during the fall semester following their employment.
I. The District Institute or the School may identify from time to time changes to the educational program of the School that (a) are reasonably necessary to comply with applicable law for educating students with disabilities, or (b) provide cost savings or other benefits in connection with educating students with disabilities. After good faith discussion of these changes with the School, the District Institute shall have the right to require such changes necessary to comply with law, and shall have the right to request other changes on behalf of students with disabilities.
J. Special . The School’s special education programs teachers and services all related service providers are required to participate in compliance-oriented training and meetings sponsored by the Institute, and newly hired special education teachers shall be available to each student as part of the regular school day participate in a state-approved induction program. In accordance with the least restrictive environment mandate CSI online compliance calendar (or its replacement), the School must report to the Institute its anticipated budgetary allocation and hiring plan for all special education teachers and related service providers who will be employed for the following year. No later than the first day of the opening of school, all special education teachers and related providers must be hired, appropriately qualified, and available to serve the identified needs of the students. On an ongoing basis, the Institute will assess the performance of the School with regard to special education. If—in the Institute’s sole discretion—the Institute finds the School’s performance with regard to special education to be deficient pursuant to state and federal law, the Institute may take remedial steps. Such steps may include, but will not be limited to, increasing the Institute’s level of oversight of the School. Should the Institute determine that any remedial steps are necessary, the Institute will oversee implementation of these steps. In the instance where the Institute takes on responsibility for tasks that would otherwise be carried out by the School due to noncompliance, the Institute may retain commensurate funds. Such circumstances are expected to be highly unusual. A written agreement specifying the services to be provided and state lawtheir cost shall be executed, which agreement shall constitute an amendment to the Charter Contract, at the time of any such unusual intervention.
Appears in 1 contract
Samples: Charter School Agreement
